Wakilii

Karibwije & Another v Kakitahi (Civil Appeal 24 of 2015)

High Court · [2017] UGHC 4 · 2017 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First appeal from Magistrates Court judgment in land claim suit
Decision
Appeal dismissed with costs; respondent's ownership of suit land affirmed; damages reduced to UGX 1,000,000

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Holding

Held that the respondent proved ownership of the suit land on a balance of probabilities. Evidence from elderly witnesses established that the appellants' grandfather, Paulo Mukubwa, was a mere licensee granted permission to grow tobacco on the land by the respondent's father, Isaac Kakitahi. A licensee acquires no proprietary interest and cannot transfer title. The appeal was dismissed except on one ground — the trial magistrate flouted proper locus in quo procedure. Damages were reduced from UGX 2,000,000 to UGX 1,000,000 to reflect evidence on the valuation of the land.

Outcome

Appeal dismissed with costs; respondent's ownership of suit land affirmed; damages reduced to UGX 1,000,000

Facts

The respondent claimed ownership of land at Rwere village, Muyange parish, Bubare sub-county, Kabale district, asserting he inherited it in 1991 from his father, Isaac Kakitahi. The appellants, who are brothers, claimed their father, Ezra Mburwa, inherited the land from their grandfather, Paulo Mukubwa, and that they had been in uninterrupted possession. The respondent alleged the appellants' grandfather had been granted permission only to grow tobacco on the land, with no intention to transfer any interest. The trial magistrate found for the respondent. The appellants appealed on seven grounds, one of which was later abandoned.

Issues

  1. Whether the learned trial magistrate erred in holding in favour of the respondent despite allegedly overwhelming evidence to the contrary.
  2. Whether the learned trial magistrate erred in ignoring alleged gross contradictions in the respondent's evidence.
  3. Whether the learned trial magistrate flouted the law governing locus in quo proceedings.
  4. Whether the learned trial magistrate erred in relying on extraneous matters in awarding damages.
  5. Whether the learned trial magistrate erred in finding that the appellants' grandfather was a licensee with no title to pass on.

Orders

  • Appeal dismissed.
  • General damages awarded to the respondent reduced from UGX 2,000,000 to UGX 1,000,000.
  • Costs of the appeal and at trial awarded to the respondent.

Rules and key headnotes

Evidence — Burden of Proof — Ownership Where Possession Is Proven
Where a defendant is shown to be in possession of land, the burden of proving that the defendant is not the owner falls on the person asserting that the defendant is not the owner, in accordance with section 110 of the Evidence Act.
Land Law — Licensees — Nature and Rights of a Licensee
A licensee is simply authorised to do a particular act or series of acts upon another's land without possessing any estate therein. A licence is founded on personal confidence, is generally not assignable or transferrable, confers no proprietary interest on the licensee, and is revocable at will by the property owner.
Land Law — Ownership — Proof Through Witness Testimony and Historical Evidence
Ownership of land may be proved through credible testimony from elderly witnesses with contemporaneous knowledge of the land's history, particularly where such witnesses testify to events at which they were present and the opposing party's ancestor acknowledged the claimant's title.
Civil Procedure — Locus in Quo — Proper Procedure at Site Visit
A trial court conducting a locus in quo must follow established procedure, including properly swearing witnesses and maintaining a clear record of proceedings at the site. Failure to do so constitutes a procedural irregularity.
Damages — General Damages — Assessment Must Be Based on Evidence
General damages are such as the law presumes to be the natural consequence of the defendant's act, but the quantum awarded must be supported by evidence adduced before the court, not estimates made independently by the trial judge.
Civil Procedure — Appellate Review — Duty of First Appellate Court
A first appellate court is enjoined by law to subject the evidence to fresh scrutiny and, on a balance of probabilities, come to its own conclusions based on the law and evidence.

Legislation cited (1)

Cases cited (5)

  • Uganda Breweries Ltd v Uganda Railways Corporation (SCCA 6 of 2001)
  • JW Ononge Vs Okallang (1986) HCB 63
  • Kyambade Vs Mpigi Dist Admin 1983 [HCB] 44
  • Walton Harvey Co. Ltd. v. Walker & Homfrays Ltd. [1931] 1Ch.274
  • Armstrong v. Sheppard& Short Ltd. [1915] 2 Q.B.38

Full judgment

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Karibwije & Another v Kakitahi (Civil Appeal 24 of 2015) [2017] UGHC 4 (14 June 2017)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.